Personal Injury

New York City Seeks to Lower Blood Alcohol Content Threshold

New York City as well as safety advocacy groups are pushing for a major change to help crack down on impaired drivers by lowering the state’s legal blood alcohol concentration threshold (or BAC) for driving while intoxicated from 0.08% to 0.05%. According to CBS New York, among those who are fighting for this change is Alisa McMorris, whose 12-year-old son Andrew was killed by a drunk driver in 2018.

Lowering BAC Number Acts as Deterrent

NYPD officials said in 2022 alone, 28 people were killed in the city as a result of drunk drivers. In the city, a BAC between 0.05 and 0.08 is considered “driving while ability impaired” or DUI. It is still illegal, but the criminal penalties are lower. Officials say for safety and enforcement, having two different thresholds in laws is not helpful.

For example, a first-time offender with a BAC of more than 0.05 to 0.07 faces up to 15 days in jail and a 90-day license suspension. A BAC of 0.08 or more means up to a year in jail and a minimum of a six-month license suspension. Officials say lowering the BAC number acts as a deterrent for motorists. More than 30% of fatal car accidents in New York are alcohol-related, according to state data.

The Dangers of Impaired Driving

Nationwide, impaired drivers cause about 17,000 deaths annually. In New York state, slightly more than 30% of all fatal crashes are alcohol-related. Every two minutes, there is an injury involving a drunk driver.

According to the National Highway Traffic Safety Administration (NHTSA), every day, about 32 people in the United States die in drunk-driving crashes, which amounts to one person every 45 minutes. In 2020, 11,654 people died in alcohol-impaired driving traffic deaths — a 14% increase from 2019.

Substances that can impair a driver include illegal drugs, legal drugs, alcohol and even some over-the-counter and prescription drugs. Alcohol and drugs typically affect the ability to drive as they slow coordination, judgment and reaction times. Alcohol and drugs or a combination of the two can also alter driver behaviors. For example, certain drugs such as methamphetamine tend to make drivers more reckless and aggressive.

Using two or more drugs at the same time including alcohol can amplify the impairing effects of each drug the person has used. Some prescription and over-the-counter medications can cause extreme drowsiness, dizziness and other side effects. All these types of impairment and behavior on the part of a driver, of course, can prove extremely dangerous for others sharing the road, especially pedestrians, bicyclists, etc.

Contacting an Experienced Lawyer

Injured victims of negligent (careless) drivers can seek compensation from at-fault parties for damages including, but not limited to, medical expenses, lost wages and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families that have lost loved ones in car accidents can seek compensation for damages such as lost future income, medical and funeral costs, pain and suffering, etc.

If you or a loved one has been injured in a car accident, or if you have lost a loved one in a motor vehicle accident caused by a negligent or careless driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.

For over 51 years, our skilled attorneys have established a proven track record of helping injured victims. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.

Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.

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Source: https://www.cbsnews.com/newyork/news/new-york-city-pushing-state-to-lower-blood-alcohol-content-threshold-for-dwi/

Published by
Ken Wilhelm